cannabisnews.com: Acquittal Sought for Pot Charges Acquittal Sought for Pot Charges Posted by CN Staff on August 28, 2003 at 10:16:57 PT By Mike Miller Source: Capital Times A Madison man will try to convince a jury today to acquit him on charges of possession of marijuana and drug paraphernalia because he needs the drug for medicinal purposes. Steven S. Wessing, 42, uses marijuana five to six times a day, according to court records, to relieve the pain and other symptoms of a variety of maladies including spina bifida occulta, which causes chronic back pain and muscle spasms. He also suffers from severe headaches, anxiety and depression. Wessing claims marijuana usage relieves the pain and is his medicine of choice. In arguments filed with the court by attorney Peter Steinberg, Wessing also says he has a constitutional right to choose his medicine and argues the state has no reason to deny him that right. "My client believes very strongly that he has a fundamental human right to the medicine that will make him better," Steinberg said. Steinberg's marijuana as medicine defense was shortcircuited earlier this week when Bartell granted a motion brought by Assistant District Attorney Jason Hanson to prohibit testimony about medical uses of marijuana as being irrelevant to whether Wessing is guilty of possession of the drug. Hanson argued the only issues for the jury to decide are whether Wessing possessed a controlled substance and whether he knew it was a controlled substance. Although Bartell granted that motion, she also said Wessing could testify that he had illnesses, and that is why he used and possessed the drug. She also said she would revisit the issue before the start of the trial today. Wessing was arrested last Oct. 16 after U.S. Customs agents, federal Drug Enforcement Administration agents as well as state and local narcotics agents raided his East Mifflin Street home. The raid came after Customs agents seized 13 packages of hashish sent to the house from Amsterdam. Agents found more than half a pound of marijuana as well as a large supply of hashish in the house, as well as numerous pipes used for smoking the drugs. Also seized in that raid were a variety of books and literature, such as "Barney's Menu of Marijuana," "Big Book of Buds," "Grandpa's Marijuana Handbook" and "Pot Stories for the Soul." Two weeks after his arrest, Wessing traveled to Oregon, one of 10 states which have passed laws allowing the medical use of marijuana, and was seen by Dr. Phil Leveque. In a brief filed with the court, Steinberg said Leveque "confirmed that Mr. Wessing's debilitating medical conditions may be mitigated by the use of medical marijuana," and added that in the state of Oregon Wessing would be recognized by the state as a registered user of medical marijuana. Steinberg argues that by not recognizing Oregon's law, Wisconsin is violating the full faith and credit clause of the U.S. Constitution. Steinberg also argues that Wisconsin's ban on marijuana usage, with no exception for medical marijuana use, is unconstitutional. While no court in the United States has agreed with that argument, Steinberg points to a ruling in Ontario in 2000 in the case of Terry Parker, who suffers from epilepsy and uses marijuana to help him deal with that condition. "I have concluded that forcing Parker to choose between his health and imprisonment violates his right to liberty and security of the person," wrote Canadian Justice A.J. Rosenberg in that case, which threw out criminal charges leveled against Parker. "It is irrational to deprive a person of the drug when he or she requires it to maintain their health," Rosenberg said. Steinberg is asking Bartell to apply the same reasoning for his client. "Prohibiting Steven Wessing from using marijuana in order to function with less pain and suffering in his daily life fulfills no rational purpose," he wrote in his brief. Note: Man: Marijuana use was medical.Source: Capital Times, The (WI)Author: Mike MillerPublished: August 28, 2003Copyright: 2003 The Capital TimesContact: tctvoice madison.comWebsite: http://www.captimes.com/Related Articles & Web Sites:IMMLYhttp://www.immly.org/DPFWIhttp://www.drugsense.org/dpfwi/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmThis Is My Medicinehttp://cannabisnews.com/news/thread16046.shtmlNo Laws Ban Possession of Marijuanahttp://cannabisnews.com/news/thread16321.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by mayan on August 28, 2003 at 16:04:05 PT Jury Nullification... It has to start somewhere...Our Last, Best Hope - Jury Nullification: http://www.sierratimes.com/03/02/10/robinson.htm [ Post Comment ] Comment #1 posted by gloovins on August 28, 2003 at 15:24:08 PT Let's let them in on an old secret.... Say it with me :NULLIFICATIONsee: FIJA please someone get this right, this duty, really to nullify any unjust charges such as these against this sick American. We are so lost as a country now, it's sad. http://fija.org [ Post Comment ] Post Comment